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NY G84674




December 19, 2000

CLA-2-62:RR:NC:TA 360 G84674

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010; 6208.21.0020; 6208.29.1000

Ms. Rita Pitts
Dillard’s Inc.
1600 Cantrell
Little Rock, AR 72201

RE: The tariff classification of women’s sleepwear from China and India

Dear Ms. Pitts:

In your letter dated November 28, 2000, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 112J7407 is a pair of women’s pajamas constructed from 100 percent silk woven fabric. The upper body garment features s shaped front neckline, adjustable spaghetti straps and side vents. The neckline has four flower appliques. The pants feature an elasticized drawstring waist and long legs with vents.

Style 122C7341 is a pair of women’s pajamas constructed from 100 percent cotton woven fabric. The upper body garment features short sleeves with tassels, a split neckline with a tie, side vents and a straight hemmed bottom with tassels. The pants feature an elasticized waist and ling hemmed legs with tassels.

Style 122C9396 is a pair of women’s pajamas constructed from 100 percent cotton seersucker woven fabric. The upper body garment features short sleeves, a collar and lapels, side vents, embroidered flowers on the front panels and a full front opening secured by five buttons. The pants feature an elasticized drawstring waist and short hemmed legs.

Style 122J2305 is a woman’s nightgown constructed from 100 percent silk woven fabric. The garment has a solid lining and a sheer overlay. The nightgown is sleeveless and features a V-neckline with ruffles and a ruffled hem.

Style 122J7304 is a pair of women’s pajamas constructed from 100 percent silk woven fabric. The upper body garment is sleeveless and features a stand up collar, side vents and a full front opening secured by six buttons. The pants feature an elasticized drawstring waist and long hemmed legs with vents.

The applicable subheading for styles 112J7407, 122J2305 and 122J7304 will be 6208.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 3.7 percent ad valorem. Effective January 1, 2001, the duty rate will be 3 percent ad valorem.

The applicable subheading for style 122C7341 will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: other: women’s. The duty rate will be 9.1 percent ad valorem. The rate of duty will remain unchanged in 2001.

The applicable subheading for style 122C9396 will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 9.1 percent ad valorem. The rate of duty will remain unchanged in 2001

Styles 112J7407, 122J2305 and 122J7304 fall within textile category designation 751 and styles 122C7341 and 122C9396 fall within textile category designation 351. Based upon international textile trade agreements the products of China are not subject to quota restraints or a visa requirement. Products of India are subject to quota restraints and a visa requirement.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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